SURENDAR SARDAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The sole appellant is before this Court in appeal against the judgment of conviction and sentence under Ss. 366, 376(2)(i), 377, 506 of the IPC and Sec. 6 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred in short as 'POCSO Act'), in view of Sec. 42 of the POCSO Act, no separate sentence has been awarded under Sec. 6 of the POCSO Act.

(2.) Informant is the victim herself aged nine years whose fardbeyan was recorded by police on 3/7/2015 at around 17.45 hours. As per the FIR, she was sleeping with her parents in her house which is a thatched house without any door. In her deep sleep, suddenly, someone took her in his lap by gagging her face and took her about 1 Km. in the forest area near the river. She was assaulted, bitten, her under pant removed and raped. She suffered acute pain and there was bleeding from her anus and vagina. Thereafter, she became unconscious and then he fled away from there. She could not identify the accused, but has given his description as a bald person and about the height of her father.

(3.) On the basis of the fardbeyan, Dumaria P.S. Case No.7/15 was registered under Ss. 366A, 376 of the IPC and Ss. 3/4 of the POCSO Act against an unknown person. The incidence occurred in the intervening night of 2/3/7/2015 and the case was lodged on 3/7/2015. Another incidence took place after about 10-12 days in the same village when an attempt to commit rape was made. In the said incidence, jeans pant was left behind by the accused and from the driving license in the said pant, his identity could be established. It transpired during investigation that it was this appellant, who had committed rape with the victim in the present case.